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Oh Fair HousingFederal_fha_ohMEDIUM

A property management company in Ohio screens all rental applicants using criminal background checks. An African American applicant is denied based on a past misdemeanor. The applicant claims this policy has a disparate impact on minorities. Under Ohio fair housing law, the management company:

Correct Answer

B) Must demonstrate that the criminal history policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest

Under disparate impact analysis recognized by HUD and Ohio fair housing law, a facially neutral policy that disproportionately affects a protected class (race) may be challenged. The housing provider must show the policy serves a substantial, legitimate, nondiscriminatory interest. Even then, the complainant may show a less discriminatory alternative exists.

Answer Options
A
Is automatically exempt because criminal history is not a protected class
B
Must demonstrate that the criminal history policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest
C
Can use any screening criteria as long as it is applied uniformly to all applicants
D
Must eliminate all criminal background screening to comply with fair housing law

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Related Topics & Key Terms

Key Terms:

disparate_impactcriminal_backgroundscreening_policiesrace

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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